Erickson decision: wind turbines can be built in Ontario
The debate should not be simplified to one about whether wind turbines can cause harm to humans. The evidence presented to the Tribunal demonstrates that they can, if facilities are placed too close to residents. The debate has now evolved to one of degree. The question that should be ask…
View the post titled Erickson decision: wind turbines can be built in OntarioEnvironmental compliance approvals Sept.19
On September 19, 2011, Ontario will start to accept applications for the new class of “Environmental Compliance Approvals”. Regulation 255/11 sets out the generic requirements for applying for an ECA; individual projects will require additional information, yet to be specified.
View the post titled Environmental compliance approvals Sept.19Approving smelly facilities
Strong opposition to organic recycling facilities, particularly on the ground of odour, can make it challenging to successfully site such facilities. A recent decision of the Alberta Environmental Appeal Board illustrates the “state of art” in regulatory approvals for sites with significant…
View the post titled Approving smelly facilitiesCumulative effects in approvals
Cumulative effects are extremely hard to manage in any approval process. By definition, the person or project seeking an individual approval does not usually control the other sources of cumulative impact. Nor is the necessary information about the other actual or potential impacts usually b…
View the post titled Cumulative effects in approvalsCan a permit be refused after EA approval?
One frequently troublesome area of environmental law is the intersection between different types of approvals. Once an overarching, project wide approval, such as an environmental assessment, has been granted, may an individual approval be refused?
View the post titled Can a permit be refused after EA approval?Approvals reform: the new application
The Ontario Ministry of the Environment has published its draft requirements for complete applications for the new Environmental Compliance Approvals. These requirements are proposed to be the basis of a future regulation, which will set out generic requirements for all project types. A futu…
View the post titled Approvals reform: the new applicationProgress on approvals reform
The Ministry of the Environment is making steady progress on its 2 plus year program to modernize environmental approvals. This month, they have posted four draft regulatory amendments for public comment.
View the post titled Progress on approvals reformEnvironmental appeals have to be done right
The Environmental Review Tribunal has reminded all potential appellants that they MUST correctly file their appeals, if they want their case to be heard. In Waterdown Gardens v MOE, a prolonged dispute between the Ministry and the company resulted in two separate orders suspending their cert…
View the post titled Environmental appeals have to be done rightDivisional Court rejects Hanna anti- wind application today
The Divisional Court has strongly rejected Ian Hanna’s attack on renewable energy approvals for wind turbines. Hanna objected to the 550 metre setback requirement, proposing that turbines should only be sited in remote locations. He claimed this was required by the MoE Statement of Env…
View the post titled Divisional Court rejects Hanna anti- wind application todayWind energy appeal moving fast
The first wind energy appeal to the Ontario Environmental Review Tribunal is moving quickly. The Kent Breeze approval was issued November 12, 2010. The Erickson appeal was filed on November 29. A preliminary hearing was held January 11. The hearing of the appeal began February 1 and will c…
View the post titled Wind energy appeal moving fastReceive Blog Posts
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